LAWS(MAD)-2005-7-139

K KRISHNAMOORTHY Vs. SUB REGISTRAR SANKARI

Decided On July 14, 2005
K.KRISHNAMOORTHY Appellant
V/S
SUB REGISTRAR, SANKARI Respondents

JUDGEMENT

(1.) THE petitioner seeks a writ of Certiorarified Mandamus to call for the records of the respondents ending with the order of the first respondent in Objection Petition No. 2/99, dated 10/2/1999, to quash the same and to direct the first respondent herein to cancel the registration in Document Nos. 135 to 137, dated 11. 2. 1999 on the file of the first respondent.

(2.) ACCORDING to the petitioner he entered into a Sale Agreement with the second respondent on 30/11/1998 to sell the House Site in Survey Nos. 81/2b10, 81/6c1 of an extent of 6293 sq. ft in Padaveedu Village, Tiruchengode Taluk. Even though the petitioner executed a General Power of Attorney on 30/11/1998 in favour of the third respondent and the same was registered as Document No. 204 of 1998, he cancelled the said General Power of Attorney on 9/2/1999 under a registered deed, viz. , Document No. 22 of 1999. Alleging that in spite of cancelling the General Power of Attorney executed in favour of the third respondent, the second and third respondents executed the sale deed in favour of respondents 4 to 6, registered as Document Nos. 135, 136 and 137 of 1999 on the file of the first respondent on 11/2/1999, the petitioner has preferred this writ petition.

(3.) MR. N. MOHANRAJ, learned counsel for the petitioner submits that in spite of a valid objection made by the petitioner, the first respondent had not enquired into the matter and thus refused to exercise the power conferred under Section 34 of the Registration Act, 1908.